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1 | | AN ACT concerning transportation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Vehicle Code is amended by changing |
5 | | Sections 6-303 and 11-501 as follows:
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6 | | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
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7 | | Sec. 6-303. Driving while driver's license, permit or |
8 | | privilege to
operate a motor vehicle is suspended or revoked.
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9 | | (a) Except as otherwise provided in subsection (a-5), any |
10 | | person who drives or is in actual physical control of a motor
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11 | | vehicle on any highway of this State at a time when such |
12 | | person's driver's
license, permit or privilege to do so or the |
13 | | privilege to obtain a driver's
license or permit is revoked or |
14 | | suspended as provided by this Code or the law
of another state, |
15 | | except as may be specifically allowed by a judicial driving
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16 | | permit issued prior to January 1, 2009, monitoring device |
17 | | driving permit, family financial responsibility driving |
18 | | permit, probationary
license to drive, or a restricted driving |
19 | | permit issued pursuant to this Code
or under the law of another |
20 | | state, shall be guilty of a Class A misdemeanor.
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21 | | (a-5) Any person who violates this Section as provided in |
22 | | subsection (a) while his or her driver's license, permit or |
23 | | privilege is revoked because of a violation of Section 9-3 of |
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1 | | the Criminal Code of 1961 or the Criminal Code of 2012, |
2 | | relating to the offense of reckless homicide or a similar |
3 | | provision of a law of another state, is guilty of a Class 4 |
4 | | felony. The person shall be required to undergo a professional |
5 | | evaluation, as provided in Section 11-501 of this Code, to |
6 | | determine if an alcohol, drug, or intoxicating compound problem |
7 | | exists and the extent of the problem, and to undergo the |
8 | | imposition of treatment as appropriate.
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9 | | (a-10) A person's driver's license, permit, or privilege to |
10 | | obtain a driver's license or permit may be subject to multiple |
11 | | revocations, multiple suspensions, or any combination of both |
12 | | simultaneously. No revocation or suspension shall serve to |
13 | | negate, invalidate, cancel, postpone, or in any way lessen the |
14 | | effect of any other revocation or suspension entered prior or |
15 | | subsequent to any other revocation or suspension. |
16 | | (b) (Blank). |
17 | | (b-1) Upon receiving a report of the conviction of any |
18 | | violation indicating a person was operating a motor vehicle |
19 | | during the time when the person's driver's license, permit or |
20 | | privilege was suspended by the Secretary of State or the |
21 | | driver's licensing administrator of another state, except as |
22 | | specifically allowed by a probationary license, judicial |
23 | | driving permit, restricted driving permit or monitoring device |
24 | | driving permit the Secretary shall extend the suspension for |
25 | | the same period of time as the originally imposed suspension |
26 | | unless the suspension has already expired, in which case the |
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1 | | Secretary shall be authorized to suspend the person's driving |
2 | | privileges for the same period of time as the originally |
3 | | imposed suspension. |
4 | | (b-2) Except as provided in subsection (b-6), upon |
5 | | receiving a report of the conviction of any violation |
6 | | indicating a person was operating a motor vehicle when the |
7 | | person's driver's license, permit or privilege was revoked by |
8 | | the Secretary of State or the driver's license administrator of |
9 | | any other state, except as specifically allowed by a restricted |
10 | | driving permit issued pursuant to this Code or the law of |
11 | | another state, the Secretary shall not issue a driver's license |
12 | | for an additional period of one year from the date of such |
13 | | conviction indicating such person was operating a vehicle |
14 | | during such period of revocation. |
15 | | (b-3) (Blank).
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16 | | (b-4) When the Secretary of State receives a report of a |
17 | | conviction of any violation indicating a person was operating a |
18 | | motor vehicle that was not equipped with an ignition interlock |
19 | | device during a time when the person was prohibited from |
20 | | operating a motor vehicle not equipped with such a device, the |
21 | | Secretary shall not issue a driver's license to that person for |
22 | | an additional period of one year from the date of the |
23 | | conviction.
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24 | | (b-5) Any person convicted of violating this Section shall |
25 | | serve a minimum
term of imprisonment of 30 consecutive days or |
26 | | 300
hours of community service
when the person's driving |
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1 | | privilege was revoked or suspended as a result of a violation |
2 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal |
3 | | Code of 2012,
relating to the offense of reckless homicide, or |
4 | | a similar provision of a law of another state.
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5 | | (b-6) Upon receiving a report of a first conviction of |
6 | | operating a motor vehicle while the person's driver's license, |
7 | | permit or privilege was revoked where the revocation was for a |
8 | | violation of Section 9-3 of the Criminal Code of 1961 or the |
9 | | Criminal Code of 2012 relating to the offense of reckless |
10 | | homicide or a similar out-of-state offense, the Secretary shall |
11 | | not issue a driver's license for an additional period of three |
12 | | years from the date of such conviction. |
13 | | (c) Except as provided in subsections (c-3) and (c-4), any |
14 | | person convicted of violating this Section shall serve a |
15 | | minimum
term of imprisonment of 10 consecutive days or 30
days |
16 | | of community service
when the person's driving privilege was |
17 | | revoked or suspended as a result of:
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18 | | (1) a violation of Section 11-501 of this Code or a |
19 | | similar provision
of a local ordinance relating to the |
20 | | offense of operating or being in physical
control of a |
21 | | vehicle while under the influence of alcohol, any other |
22 | | drug
or any combination thereof; or
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23 | | (2) a violation of paragraph (b) of Section 11-401 of |
24 | | this Code or a
similar provision of a local ordinance |
25 | | relating to the offense of leaving the
scene of a motor |
26 | | vehicle accident involving personal injury or death; or
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1 | | (3)
a statutory summary suspension or revocation under |
2 | | Section 11-501.1 of this
Code.
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3 | | Such sentence of imprisonment or community service shall |
4 | | not be subject
to suspension in order to reduce such sentence.
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5 | | (c-1) Except as provided in subsections (c-5) and (d), any |
6 | | person convicted of a
second violation of this Section shall be |
7 | | ordered by the court to serve a
minimum
of 100 hours of |
8 | | community service.
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9 | | (c-2) In addition to other penalties imposed under this |
10 | | Section, the
court may impose on any person convicted a fourth |
11 | | time of violating this
Section any of
the following:
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12 | | (1) Seizure of the license plates of the person's |
13 | | vehicle.
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14 | | (2) Immobilization of the person's vehicle for a period |
15 | | of time
to be determined by the court.
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16 | | (c-3) Any person convicted of a violation of this Section |
17 | | during a period of summary suspension imposed pursuant to |
18 | | Section 11-501.1 when the person was eligible for a MDDP shall |
19 | | be guilty of a Class 4 felony and shall serve a minimum term of |
20 | | imprisonment of 30 days. |
21 | | (c-4) Any person who has been issued a MDDP and who is |
22 | | convicted of a violation of this Section as a result of |
23 | | operating or being in actual physical control of a motor |
24 | | vehicle not equipped with an ignition interlock device at the |
25 | | time of the offense shall be guilty of a Class 4 felony and |
26 | | shall serve a minimum term of imprisonment of 30 days.
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1 | | (c-5) Any person convicted of a second violation of this
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2 | | Section is guilty of a Class 2 felony, is not eligible for |
3 | | probation or conditional discharge, and shall serve a mandatory |
4 | | term of
imprisonment, if : |
5 | | (1) the current violation occurred when the person's |
6 | | driver's license was suspended or revoked the
revocation or
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7 | | suspension was for a violation of Section 9-3 of the |
8 | | Criminal Code of 1961 or the Criminal Code of 2012, |
9 | | relating
to the offense of reckless homicide, or a similar |
10 | | out-of-state offense ; and |
11 | | (2) the prior conviction under this Section occurred |
12 | | while the person's driver's license was suspended or |
13 | | revoked for a violation of Section 9-3 of the Criminal Code |
14 | | of 1961 or the Criminal Code of 2012 relating to the |
15 | | offense of reckless homicide, or a similar out-of-state |
16 | | offense, or was suspended or revoked for a violation of |
17 | | Section 11-401 or 11-501 of this Code, a similar |
18 | | out-of-state offense, a similar provision of a local |
19 | | ordinance, or a statutory summary suspension or revocation |
20 | | under Section 11-501.1 of this Code .
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21 | | (d) Any person convicted of a second violation of this
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22 | | Section shall be guilty of a Class 4 felony and shall serve a |
23 | | minimum term of
imprisonment of 30 days or 300 hours of |
24 | | community service, as determined by the
court, if : |
25 | | (1) the current violation occurred when the person's |
26 | | driver's license was suspended or revoked the original
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1 | | revocation or
suspension was for a violation of Section |
2 | | 11-401 or 11-501 of this Code,
or a similar out-of-state |
3 | | offense, or a similar provision of a local
ordinance, or a
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4 | | statutory summary suspension or revocation under Section |
5 | | 11-501.1 of this Code ; and |
6 | | (2) the prior conviction under this Section occurred |
7 | | while the person's driver's license was suspended or |
8 | | revoked for a violation of Section 11-401 or 11-501 of this |
9 | | Code, a similar out-of-state offense, a similar provision |
10 | | of a local ordinance, or a statutory summary suspension or |
11 | | revocation under Section 11-501.1 of this Code, or for a |
12 | | violation of Section 9-3 of the Criminal Code of 1961 or |
13 | | the Criminal Code of 2012, relating to the offense of |
14 | | reckless homicide, or a similar out-of-state offense .
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15 | | (d-1) Except as provided in subsections (d-2), (d-2.5), and |
16 | | (d-3), any
person convicted of
a third or subsequent violation |
17 | | of this Section shall serve a minimum term of
imprisonment of |
18 | | 30 days or 300 hours of community service, as determined by the
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19 | | court.
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20 | | (d-2) Any person convicted of a third violation of this
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21 | | Section is guilty of a Class 4 felony and must serve a minimum |
22 | | term of
imprisonment of 30 days , if : |
23 | | (1) the current violation occurred when the person's |
24 | | driver's license was suspended or revoked the revocation or
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25 | | suspension was for a violation of Section 11-401 or 11-501 |
26 | | of this Code,
or a similar out-of-state offense, or a |
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1 | | similar provision of a local
ordinance, or a
statutory |
2 | | summary suspension or revocation under Section 11-501.1 of |
3 | | this Code ; and |
4 | | (2) the prior convictions under this Section occurred |
5 | | while the person's driver's license was suspended or |
6 | | revoked for a violation of Section 11-401 or 11-501 of this |
7 | | Code, a similar out-of-state offense, a similar provision |
8 | | of a local ordinance, or a statutory summary suspension or |
9 | | revocation under Section 11-501.1 of this Code, or for a |
10 | | violation of Section 9-3 of the Criminal Code of 1961 or |
11 | | the Criminal Code of 2012, relating to the offense of |
12 | | reckless homicide, or a similar out-of-state offense .
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13 | | (d-2.5) Any person convicted of a third violation of this
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14 | | Section is guilty of a Class 1 felony, is not eligible for |
15 | | probation or conditional discharge, and must serve a mandatory |
16 | | term of
imprisonment , if : |
17 | | (1) the current violation occurred while the person's |
18 | | driver's license was suspended or revoked the revocation or
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19 | | suspension was for a violation of Section 9-3 of the |
20 | | Criminal Code of 1961 or the Criminal Code of 2012, |
21 | | relating to the offense of reckless homicide, or a similar |
22 | | out-of-state offense.
The person's driving privileges |
23 | | shall be revoked for the remainder of the person's life ; |
24 | | and |
25 | | (2) the prior convictions under this Section occurred |
26 | | while the person's driver's license was suspended or |
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1 | | revoked for a violation of Section 9-3 of the Criminal Code |
2 | | of 1961 or the Criminal Code of 2012, relating to the |
3 | | offense of reckless homicide, or a similar out-of-state |
4 | | offense, or was suspended or revoked for a violation of |
5 | | Section 11-401 or 11-501 of this Code, a similar |
6 | | out-of-state offense, a similar provision of a local |
7 | | ordinance, or a statutory summary suspension or revocation |
8 | | under Section 11-501.1 of this Code . |
9 | | (d-3) Any person convicted of a fourth, fifth, sixth, |
10 | | seventh, eighth, or ninth violation of this
Section is guilty |
11 | | of a Class 4 felony and must serve a minimum term of
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12 | | imprisonment of 180 days , if : |
13 | | (1) the current violation occurred when the person's |
14 | | driver's license was suspended or revoked the revocation or |
15 | | suspension was for a
violation of Section 11-401 or 11-501 |
16 | | of this Code, or a similar out-of-state
offense, or a |
17 | | similar provision of a local ordinance, or a statutory
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18 | | summary suspension or revocation under Section 11-501.1 of |
19 | | this Code ; and |
20 | | (2) the prior convictions under this Section occurred |
21 | | while the person's driver's license was suspended or |
22 | | revoked for a violation of Section 11-401 or 11-501 of this |
23 | | Code, a similar out-of-state offense, a similar provision |
24 | | of a local ordinance, or a statutory summary suspension or |
25 | | revocation under Section 11-501.1 of this Code, or for a |
26 | | violation of Section 9-3 of the Criminal Code of 1961 or |
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1 | | the Criminal Code of 2012, relating to the offense of |
2 | | reckless homicide, or a similar out-of-state offense .
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3 | | (d-3.5) Any person convicted of a fourth or subsequent |
4 | | violation of this
Section is guilty of a Class 1 felony, is not |
5 | | eligible for probation or conditional discharge, and must serve |
6 | | a mandatory term of
imprisonment, and is eligible for an |
7 | | extended term, if : |
8 | | (1) the current violation occurred when the person's |
9 | | driver's license was suspended or revoked the revocation or |
10 | | suspension was for a
violation of Section 9-3 of the |
11 | | Criminal Code of 1961 or the Criminal Code of 2012, |
12 | | relating to the offense of reckless homicide, or a similar |
13 | | out-of-state offense ; and |
14 | | (2) the prior convictions under this Section occurred |
15 | | while the person's driver's license was suspended or |
16 | | revoked for a violation of Section 9-3 of the Criminal Code |
17 | | of 1961 or the Criminal Code of 2012, relating to the |
18 | | offense of reckless homicide, or a similar out-of-state |
19 | | offense, or was suspended or revoked for a violation of |
20 | | Section 11-401 or 11-501 of this Code, a similar |
21 | | out-of-state offense, a similar provision of a local |
22 | | ordinance, or a statutory summary suspension or revocation |
23 | | under Section 11-501.1 of this Code .
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24 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, |
25 | | thirteenth, or fourteenth violation of this Section is guilty |
26 | | of a Class 3 felony, and is not eligible for probation or |
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1 | | conditional discharge, if : |
2 | | (1) the current violation occurred when the person's |
3 | | driver's license was suspended or revoked the revocation or |
4 | | suspension was for a violation of Section 11-401 or 11-501 |
5 | | of this Code, or a similar out-of-state offense, or a |
6 | | similar provision of a local ordinance, or a statutory |
7 | | summary suspension or revocation under Section 11-501.1 of |
8 | | this Code ; and |
9 | | (2) the prior convictions under this Section occurred |
10 | | while the person's driver's license was suspended or |
11 | | revoked for a violation of Section 11-401 or 11-501 of this |
12 | | Code, a similar out-of-state offense, a similar provision |
13 | | of a local ordinance, or a statutory suspension or |
14 | | revocation under Section 11-501.1 of this Code, or for a |
15 | | violation of Section 9-3 of the Criminal Code of 1961 or |
16 | | the Criminal Code of 2012, relating to the offense of |
17 | | reckless homicide, or a similar out-of-state offense . |
18 | | (d-5) Any person convicted of a fifteenth or subsequent |
19 | | violation of this Section is guilty of a Class 2 felony, and is |
20 | | not eligible for probation or conditional discharge, if : |
21 | | (1) the current violation occurred when the person's |
22 | | driver's license was suspended or revoked the revocation or |
23 | | suspension was for a violation of Section 11-401 or 11-501 |
24 | | of this Code, or a similar out-of-state offense, or a |
25 | | similar provision of a local ordinance, or a statutory |
26 | | summary suspension or revocation under Section 11-501.1 of |
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1 | | this Code ; and |
2 | | (2) the prior convictions under this Section occurred |
3 | | while the person's driver's license was suspended or |
4 | | revoked for a violation of Section 11-401 or 11-501 of this |
5 | | Code, a similar out-of-state offense, a similar provision |
6 | | of a local ordinance, or a statutory summary suspension or |
7 | | revocation under Section 11-501.1 of this Code, or for a |
8 | | violation of Section 9-3 of the Criminal Code of 1961 or |
9 | | the Criminal Code of 2012, relating to the offense of |
10 | | reckless homicide, or a similar out-of-state offense .
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11 | | (e) Any person in violation of this Section who is also in |
12 | | violation of
Section 7-601 of this Code relating to mandatory |
13 | | insurance requirements, in
addition to other penalties imposed |
14 | | under this Section, shall have his or her
motor vehicle |
15 | | immediately impounded by the arresting law enforcement |
16 | | officer.
The motor vehicle may be released to any licensed |
17 | | driver upon a showing of
proof of insurance for the vehicle |
18 | | that was impounded and the notarized written
consent for the |
19 | | release by the vehicle owner.
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20 | | (f) For any prosecution under this Section, a certified |
21 | | copy of the
driving abstract of the defendant shall be admitted |
22 | | as proof of any prior
conviction.
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23 | | (g) The motor vehicle used in a violation of this Section |
24 | | is subject
to seizure and forfeiture as provided in Sections |
25 | | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's |
26 | | driving privilege was revoked
or suspended as a result of: |
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1 | | (1) a violation of Section 11-501 of this Code, a |
2 | | similar provision
of a local ordinance, or a similar |
3 | | provision of a law of another state; |
4 | | (2) a violation of paragraph (b) of Section 11-401 of |
5 | | this Code, a
similar provision of a local ordinance, or a |
6 | | similar provision of a law of another state; |
7 | | (3) a statutory summary suspension or revocation under |
8 | | Section 11-501.1 of this
Code or a similar provision of a |
9 | | law of another state; or |
10 | | (4) a violation of Section 9-3 of the Criminal Code of |
11 | | 1961 or the Criminal Code of 2012 relating to the offense |
12 | | of reckless homicide, or a similar provision of a law of |
13 | | another state.
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14 | | (Source: P.A. 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; |
15 | | 96-1000, eff. 7-2-10; 96-1344, eff. 7-1-11; 97-984, eff. |
16 | | 1-1-13; 97-1150, eff. 1-25-13.)
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17 | | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) |
18 | | Sec. 11-501. Driving while under the influence of alcohol, |
19 | | other drug or drugs, intoxicating compound or compounds or any |
20 | | combination thereof.
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21 | | (a) A person shall not drive or be in actual physical |
22 | | control of any vehicle within this State while: |
23 | | (1) the alcohol concentration in the person's blood or |
24 | | breath is 0.08 or more based on the definition of blood and |
25 | | breath units in Section 11-501.2; |
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1 | | (2) under the influence of alcohol; |
2 | | (3) under the influence of any intoxicating compound or |
3 | | combination of intoxicating compounds to a degree that |
4 | | renders the person incapable of driving safely; |
5 | | (4) under the influence of any other drug or |
6 | | combination of drugs to a degree that renders the person |
7 | | incapable of safely driving; |
8 | | (5) under the combined influence of alcohol, other drug |
9 | | or drugs, or intoxicating compound or compounds to a degree |
10 | | that renders the person incapable of safely driving; or |
11 | | (6) there is any amount of a drug, substance, or |
12 | | compound in the person's breath, blood, or urine resulting |
13 | | from the unlawful use or consumption of cannabis listed in |
14 | | the Cannabis Control Act, a controlled substance listed in |
15 | | the Illinois Controlled Substances Act, an intoxicating |
16 | | compound listed in the Use of Intoxicating Compounds Act, |
17 | | or methamphetamine as listed in the Methamphetamine |
18 | | Control and Community Protection Act.
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19 | | (b) The fact that any person charged with violating this |
20 | | Section is or has been legally entitled to use alcohol, other |
21 | | drug or drugs, or intoxicating compound or compounds, or any |
22 | | combination thereof, shall not constitute a defense against any |
23 | | charge of violating this Section. |
24 | | (c) Penalties. |
25 | | (1) Except as otherwise provided in this Section, any |
26 | | person convicted of violating subsection (a) of this |
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1 | | Section is guilty of a Class A misdemeanor. |
2 | | (2) A person who violates subsection (a) or a similar |
3 | | provision a second time shall be sentenced to a mandatory |
4 | | minimum term of either 5 days of imprisonment or 240 hours |
5 | | of community service in addition to any other criminal or |
6 | | administrative sanction. |
7 | | (3) A person who violates subsection (a) is subject to |
8 | | 6 months of imprisonment, an additional mandatory minimum |
9 | | fine of $1,000, and 25 days of community service in a |
10 | | program benefiting children if the person was transporting |
11 | | a person under the age of 16 at the time of the violation. |
12 | | (4) A person who violates subsection (a) a first time, |
13 | | if the alcohol concentration in his or her blood, breath, |
14 | | or urine was 0.16 or more based on the definition of blood, |
15 | | breath, or urine units in Section 11-501.2, shall be |
16 | | subject, in addition to any other penalty that may be |
17 | | imposed, to a mandatory minimum of 100 hours of community |
18 | | service and a mandatory minimum fine of $500. |
19 | | (5) A person who violates subsection (a) a second time, |
20 | | if at the time of the second violation the alcohol |
21 | | concentration in his or her blood, breath, or urine was |
22 | | 0.16 or more based on the definition of blood, breath, or |
23 | | urine units in Section 11-501.2, shall be subject, in |
24 | | addition to any other penalty that may be imposed, to a |
25 | | mandatory minimum of 2 days of imprisonment and a mandatory |
26 | | minimum fine of $1,250. |
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1 | | (d) Aggravated driving under the influence of alcohol, |
2 | | other drug or drugs, or intoxicating compound or compounds, or |
3 | | any combination thereof.
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4 | | (1) Every person convicted of committing a violation of |
5 | | this Section shall be guilty of aggravated driving under |
6 | | the influence of alcohol, other drug or drugs, or |
7 | | intoxicating compound or compounds, or any combination |
8 | | thereof if: |
9 | | (A) the person committed a violation of subsection |
10 | | (a) or a similar provision for the third or subsequent |
11 | | time; |
12 | | (B) the person committed a violation of subsection |
13 | | (a) while driving a school bus with one or more |
14 | | passengers persons 18 years of age or younger on board; |
15 | | (C) the person in committing a violation of |
16 | | subsection (a) was involved in a motor vehicle accident |
17 | | that resulted in great bodily harm or permanent |
18 | | disability or disfigurement to another, when the |
19 | | violation was a proximate cause of the injuries; |
20 | | (D) the person committed a violation of subsection |
21 | | (a) and has been previously convicted of violating |
22 | | Section 9-3 of the Criminal Code of 1961 or the |
23 | | Criminal Code of 2012 or a similar provision of a law |
24 | | of another state relating to reckless homicide in which |
25 | | the person was determined to have been under the |
26 | | influence of alcohol, other drug or drugs, or |
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1 | | intoxicating compound or compounds as an element of the |
2 | | offense or the person has previously been convicted |
3 | | under subparagraph (C) or subparagraph (F) of this |
4 | | paragraph (1); |
5 | | (E) the person, in committing a violation of |
6 | | subsection (a) while driving at any speed in a school |
7 | | speed zone at a time when a speed limit of 20 miles per |
8 | | hour was in effect under subsection (a) of Section |
9 | | 11-605 of this Code, was involved in a motor vehicle |
10 | | accident that resulted in bodily harm, other than great |
11 | | bodily harm or permanent disability or disfigurement, |
12 | | to another person, when the violation of subsection (a) |
13 | | was a proximate cause of the bodily harm; |
14 | | (F) the person, in committing a violation of |
15 | | subsection (a), was involved in a motor vehicle, |
16 | | snowmobile, all-terrain vehicle, or watercraft |
17 | | accident that resulted in the death of another person, |
18 | | when the violation of subsection (a) was a proximate |
19 | | cause of the death; |
20 | | (G) the person committed a violation of subsection |
21 | | (a) during a period in which the defendant's driving |
22 | | privileges are revoked or suspended, where the |
23 | | revocation or suspension was for a violation of |
24 | | subsection (a) or a similar provision, Section |
25 | | 11-501.1, paragraph (b) of Section 11-401, or for |
26 | | reckless homicide as defined in Section 9-3 of the |
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1 | | Criminal Code of 1961 or the Criminal Code of 2012; |
2 | | (H) the person committed the violation while he or |
3 | | she did not possess a driver's license or permit or a |
4 | | restricted driving permit or a judicial driving permit |
5 | | or a monitoring device driving permit; |
6 | | (I) the person committed the violation while he or |
7 | | she knew or should have known that the vehicle he or |
8 | | she was driving was not covered by a liability |
9 | | insurance policy; |
10 | | (J) the person in committing a violation of |
11 | | subsection (a) was involved in a motor vehicle accident |
12 | | that resulted in bodily harm, but not great bodily |
13 | | harm, to the child under the age of 16 being |
14 | | transported by the person, if the violation was the |
15 | | proximate cause of the injury; or |
16 | | (K) the person in committing a second violation of |
17 | | subsection (a) or a similar provision was transporting |
18 | | a person under the age of 16 ; or . |
19 | | (L) the person committed a violation of subsection |
20 | | (a) of this Section while transporting one or more |
21 | | passengers in a vehicle for-hire. |
22 | | (2)(A) Except as provided otherwise, a person |
23 | | convicted of aggravated driving under the influence of |
24 | | alcohol, other drug or drugs, or intoxicating compound or |
25 | | compounds, or any combination thereof is guilty of a Class |
26 | | 4 felony. |
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1 | | (B) A third violation of this Section or a similar |
2 | | provision is a Class 2 felony. If at the time of the third |
3 | | violation the alcohol concentration in his or her blood, |
4 | | breath, or urine was 0.16 or more based on the definition |
5 | | of blood, breath, or urine units in Section 11-501.2, a |
6 | | mandatory minimum of 90 days of imprisonment and a |
7 | | mandatory minimum fine of $2,500 shall be imposed in |
8 | | addition to any other criminal or administrative sanction. |
9 | | If at the time of the third violation, the defendant was |
10 | | transporting a person under the age of 16, a mandatory fine |
11 | | of $25,000 and 25 days of community service in a program |
12 | | benefiting children shall be imposed in addition to any |
13 | | other criminal or administrative sanction. |
14 | | (C) A fourth violation of this Section or a similar |
15 | | provision is a Class 2 felony, for which a sentence of |
16 | | probation or conditional discharge may not be imposed. If |
17 | | at the time of the violation, the alcohol concentration in |
18 | | the defendant's blood, breath, or urine was 0.16 or more |
19 | | based on the definition of blood, breath, or urine units in |
20 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall |
21 | | be imposed in addition to any other criminal or |
22 | | administrative sanction. If at the time of the fourth |
23 | | violation, the defendant was transporting a person under |
24 | | the age of 16 a mandatory fine of $25,000 and 25 days of |
25 | | community service in a program benefiting children shall be |
26 | | imposed in addition to any other criminal or administrative |
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1 | | sanction. |
2 | | (D) A fifth violation of this Section or a similar |
3 | | provision is a Class 1 felony, for which a sentence of |
4 | | probation or conditional discharge may not be imposed. If |
5 | | at the time of the violation, the alcohol concentration in |
6 | | the defendant's blood, breath, or urine was 0.16 or more |
7 | | based on the definition of blood, breath, or urine units in |
8 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall |
9 | | be imposed in addition to any other criminal or |
10 | | administrative sanction. If at the time of the fifth |
11 | | violation, the defendant was transporting a person under |
12 | | the age of 16, a mandatory fine of $25,000, and 25 days of |
13 | | community service in a program benefiting children shall be |
14 | | imposed in addition to any other criminal or administrative |
15 | | sanction. |
16 | | (E) A sixth or subsequent violation of this Section or |
17 | | similar provision is a Class X felony. If at the time of |
18 | | the violation, the alcohol concentration in the |
19 | | defendant's blood, breath, or urine was 0.16 or more based |
20 | | on the definition of blood, breath, or urine units in |
21 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall |
22 | | be imposed in addition to any other criminal or |
23 | | administrative sanction. If at the time of the violation, |
24 | | the defendant was transporting a person under the age of |
25 | | 16, a mandatory fine of $25,000 and 25 days of community |
26 | | service in a program benefiting children shall be imposed |
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1 | | in addition to any other criminal or administrative |
2 | | sanction. |
3 | | (F) For a violation of subparagraph (C) of paragraph |
4 | | (1) of this subsection (d), the defendant, if sentenced to |
5 | | a term of imprisonment, shall be sentenced to not less than |
6 | | one year nor more than 12 years. |
7 | | (G) A violation of subparagraph (F) of paragraph (1) of |
8 | | this subsection (d) is a Class 2 felony, for which the |
9 | | defendant, unless the court determines that extraordinary |
10 | | circumstances exist and require probation, shall be |
11 | | sentenced to: (i) a term of imprisonment of not less than 3 |
12 | | years and not more than 14 years if the violation resulted |
13 | | in the death of one person; or (ii) a term of imprisonment |
14 | | of not less than 6 years and not more than 28 years if the |
15 | | violation resulted in the deaths of 2 or more persons. |
16 | | (H) For a violation of subparagraph (J) of paragraph |
17 | | (1) of this subsection (d), a mandatory fine of $2,500, and |
18 | | 25 days of community service in a program benefiting |
19 | | children shall be imposed in addition to any other criminal |
20 | | or administrative sanction. |
21 | | (I) A violation of subparagraph (K) of paragraph (1) of |
22 | | this subsection (d), is a Class 2 felony and a mandatory |
23 | | fine of $2,500, and 25 days of community service in a |
24 | | program benefiting children shall be imposed in addition to |
25 | | any other criminal or administrative sanction. If the child |
26 | | being transported suffered bodily harm, but not great |
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1 | | bodily harm, in a motor vehicle accident, and the violation |
2 | | was the proximate cause of that injury, a mandatory fine of |
3 | | $5,000 and 25 days of community service in a program |
4 | | benefiting children shall be imposed in addition to any |
5 | | other criminal or administrative sanction. |
6 | | (J) A violation of subparagraph (D) of paragraph (1) of |
7 | | this subsection (d) is a Class 3 felony, for which a |
8 | | sentence of probation or conditional discharge may not be |
9 | | imposed. |
10 | | (3) Any person sentenced under this subsection (d) who |
11 | | receives a term of probation or conditional discharge must |
12 | | serve a minimum term of either 480 hours of community |
13 | | service or 10 days of imprisonment as a condition of the |
14 | | probation or conditional discharge in addition to any other |
15 | | criminal or administrative sanction. |
16 | | (e) Any reference to a prior violation of subsection (a) or |
17 | | a similar provision includes any violation of a provision of a |
18 | | local ordinance or a provision of a law of another state or an |
19 | | offense committed on a military installation that is similar to |
20 | | a violation of subsection (a) of this Section. |
21 | | (f) The imposition of a mandatory term of imprisonment or |
22 | | assignment of community service for a violation of this Section |
23 | | shall not be suspended or reduced by the court. |
24 | | (g) Any penalty imposed for driving with a license that has |
25 | | been revoked for a previous violation of subsection (a) of this |
26 | | Section shall be in addition to the penalty imposed for any |
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1 | | subsequent violation of subsection (a). |
2 | | (h) For any prosecution under this Section, a certified |
3 | | copy of the driving abstract of the defendant shall be admitted |
4 | | as proof of any prior conviction.
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5 | | (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
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6 | | Section 99. Effective date. This Act takes effect upon |
7 | | becoming law.
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